Indiana § 36-8-8-12 Benefits for members with covered impairments; retirement benefits
for members who have a disability and are less than 52 years old

Indiana Statutes

§ 36-8-8-12 — Benefits for members with covered impairments; retirement benefits for members who have a disability and are less than 52 years old

Indiana·Title 36 LOCAL GOVERNMENT·Art. 8 PUBLIC SAFETY·Ch. 8 1977 Police Officers' and Firefighters' Pension and

(a)Benefits paid under this section are subject to sections 2.5 and 2.6 of this chapter.

(b)If an active fund member has a covered impairment, as determined under sections 12.3 through 13.1 of this chapter, the member is entitled to receive the benefit prescribed by section 13.3 or 13.5 of this chapter. A member who has had a covered impairment and returns to active duty with the department shall not be treated as a new applicant seeking to become a member of the 1977 fund.

(c)If a retired fund member who has not yet reached the member's fifty-second birthday is found by the system board to be permanently or temporarily unable to perform all suitable work for which the member is or may be capable of becoming qualified, the member is entitled to receive during the disability the retireme

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(a) Benefits paid under this section are subject
to sections 2.5 and 2.6 of this chapter.
(b) If an active fund member has a covered impairment, as
determined under sections 12.3 through 13.1 of this chapter, the
member is entitled to receive the benefit prescribed by section 13.3 or
13.5 of this chapter. A member who has had a covered impairment and
returns to active duty with the department shall not be treated as a new
applicant seeking to become a member of the 1977 fund.
(c) If a retired fund member who has not yet reached the member's
fifty-second birthday is found by the system board to be permanently
or temporarily unable to perform all suitable work for which the
member is or may be capable of becoming qualified, the member is
entitled to receive during the disability the retirement benefit payments
payable at fifty-two (52) years of age. During a reasonable period in
which a fund member with a disability is becoming qualified for
suitable work, the member may continue to receive disability benefit
payments. However, benefits payable for disability under this
subsection are reduced by amounts for which the fund member is
eligible from:
(1) a plan or policy of insurance providing benefits for loss of
time because of disability;
(2) a plan, fund, or other arrangement to which the fund member's
employer has contributed or for which the fund member's
employer has made payroll deductions, including a group life
policy providing installment payments for disability, a group
annuity contract, or a pension or retirement annuity plan other
than the fund established by this chapter;
(3) the federal Social Security Act (42 U.S.C. 401 et seq.), the
Railroad Retirement Act (45 U.S.C. 231 et seq.), the United States
Department of Veterans Affairs, or another federal, state, local, or
other governmental agency;
(4) worker's compensation payable under IC 22-3; and
(5) a salary or wage, including overtime and bonus pay and extra
or additional remuneration of any kind, the fund member receives
or is entitled to receive from the member's employer.
For the purposes of this subsection, a retired fund member is
considered eligible for benefits from subdivisions (1) through (5)
whether or not the member has made application for the benefits.
(d) Notwithstanding any other law, a plan, policy of insurance, fund,
or other arrangement:
(1) delivered, issued for delivery, amended, or renewed after
April 9, 1979; and
(2) described in subsection (c)(1) or (c)(2);
may not provide for a reduction or alteration of benefits as a result of
benefits for which a fund member may be eligible from the 1977 fund
under subsection (c).
(e) Time spent receiving disability benefits, not to exceed twenty
(20) years, is considered active service for the purpose of determining
retirement benefits. A fund member's retirement benefit shall be based
on:
(1) the member's years of active service; plus
(2) if applicable, the period, not to exceed twenty (20) years,
during which the member received disability benefits.
(f) A fund member who is receiving disability benefits:
(1) under section 13.3(d) of this chapter; or
(2) based on a determination under this chapter that the fund
member has a Class 3 impairment;
shall be transferred from disability to regular retirement status when the
member becomes fifty-two (52) years of age.
(g) A fund member who is receiving disability benefits:
(1) under section 13.3(c) of this chapter; or
(2) based on a determination under this chapter that the fund
member has a Class 1 or Class 2 impairment;
is entitled to receive a disability benefit for the remainder of the fund
member's life in the amount determined under the applicable sections
of this chapter.
[Pre-Local Government Recodification Citations:
19-1-17.8-10; 19-1-36.5-10.]
As added by Acts 1981, P.L.309, SEC.59. Amended by Acts
1981, P.L.182, SEC.11; P.L.28-1988, SEC.116; P.L.1-1989, SEC.73;
P.L.55-1989, SEC.63; P.L.311-1989, SEC.6; P.L.1-1991, SEC.211;
P.L.4-1992, SEC.45; P.L.213-1995, SEC.8; P.L.22-1998, SEC.21;
P.L.118-2000, SEC.23; P.L.62-2006, SEC.6; P.L.99-2007, SEC.219;
P.L.32-2009, SEC.1; P.L.34-2009, SEC.1; P.L.13-2011, SEC.18;
P.L.35-2012, SEC.126.

Indiana § 36-8-8-12 (Benefits for members with covered impairments; retirement benefits for members who have a disability and are less than 52 years old) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.